Minutes 01-02-34REGUi~&R E~EETING OF JA~JARY 2, 193A_o
& Regular Meeting of the Boa~d of Town Co~ssione~s of the
Tow~. of Boynton~ Florida, was held at the Town Hall on Tuesday
evening, January ~ 1934 at V:30 o~clock
P~esent: ~m. Menzel, Vice-~yor
J. P. Bowen, To~ Cle~.
~e above constitut~g a ~jo~ityof the Be~ of To~
Co~issi~e~s ef ~e Tow~ of Bo~ton, Florida.
~e ~inutes of the Re~la~ Meet~g held Dece~e~
w~re ~ead a~ approved upon ~otio~ ~de by Co~ssione~ Bowen~
seconded by Co~issioner ~en~el and ~ly carried.
The ~Iinut~s of the Sp~ci~i ~eet~g h~l~Dece~e~ 26, I~
were read ~d approved upon motion made ~ C~ssioner Bowen,
seconded by Co~ssioner ~nzel ~d duly carried.
The followio~ letter was reed:
Hon. David Sho!tz, Governor
Talle_haseee, Florida.
Dear
~e wish to express ou~ app~eoza~zon fe~ the oppo~t~_u~ty
you ~foEied us c~_ DeceEber 21st to call on you and discuss Eat-
ters pe~ta~_n~_ng to an exa~dnation of the 21nanoial e~fai~s of the
Town of Boynton in Palm Beach County~ Florida,-which was requeste~
by petition purported to h~ve been si~ed~by a number ~o£ citizens
arid t~xpayers of said
We wish to rezte_ate the faets~here wnzch
presented to yo~.
lo Under date of Septembe~ 26~ 1933, ~, Elmo~e Cohen~
3 3~~
an Attorney at I~w, of Suite 71~, Co.eau Building,
West Palm Beach, Florida, sent you a letter by Beg-
istered Mail, stating, among other things, that he
was "herewith handing you Petition oF qualified
electors of the Town of Boynton comprising more than
20% of the number pa~ticipatiug in the last election,
aecording to law, requesting youm Excellency to have
an audit made of the affairs of the Tow~ of Boynton,
Plorid~."
In comp!la.ce with a petition purported to have been
signed by a n~mber of citizens and taxpayers of the
Town of Boynton in Palm Beach County, Florida, filed
with you as hereinabove stated, YouP Excellency, un-
der date of October 10th, i9~5, di~eeted Hon. J.
Lee, Comptroller, or some eompetent person or persons
appointed by him to examine into the affairs of the
finauelal departments of the mnnicipalit~ of Boynton
in Pal~ Beach County, Florida, and that the expenses
of such examination a~e requi~ed to be paid for by
said municipality, all of said action having been
taken under the provisions of Section 5089, of the
ComPiled General Laws of Florida, 1927.
Under date of October 18~ 1958, Hon. J~E.' Lee,
Comptroller, v~ote a letter to ~t~. Wit~ F. Divine,
Certified Public Accountant, 80~_ Guaranty Building,
West Palm Beach, Florida, stating, among o~her things
"At the direction of His Excellency, the Honorable
David Sholtz, Governor of Florida, and under and by
virtue of the authority of Section ~089, Compiled
General Laww of Florida%, 192V, I have appointed
as an Auditor to ~ake' an ex~mi~tion into the finan-
cial affairs of .the municipality of Bgynton, Florida.
Your Commission ms enclose~ herewith." and also "this
work must be done on a basis of not to exceed $250.00
per month, which expense, of course, shall be paid by
the said municipality of Boynton', Flo~ida."
Section 5089, Compiled General Laws ~ Florida,
192~, provided, s-mong ot~her things, "The Governor
shall have power to authorize and direc~ the ComP-
trolle~ by himself, or~%~ome $ompetent person or
persons appointed by him to examinee into the
· amrs of the financial department of any
patity witfo~in the State. And it sha%~ be his duty
to direct the Comptroller to make SuSh examinatLon
whenever petitioned to do so by at ~east twenty
cent of the tax-paying electors of any municipality."
I0,
The petition here~_uabove mentioned was signed by six
persons who w~e not at the date of filing said pe-
tition ~d are not at this time~ qualified electors
of the Town of Boynton, they having failed to pay
tlne Poll Tax assessed against them as ~equi~ed by law
a~d/or by reason of not being i~egistered iu the Elect-
ion R~gistration Record of the Town of Boynton.
The sa*d petition aopears to hav~ been signed b~ .0n!y
sixteen and one-~!f (18~) per cen~ of the qualified
electors of tlne Town of Boynton.
The s~.id petition appears to ~ive been signed by only
fifteen a~i one-half (1~) per cent of the qualified
eleete~s of the To~ of Boston who o~ t~able pro-
pe~ the~e~.
The Registration Reco~ of the To~ of B~ton c~nta~s
the n~es oF fo~ h~udeed thi~-ei~t (~8) eegis-
feted Electors of which n~bee ~ee h~ed fiF~-
five (~S~) ace qual~ied electoes, na~g paid the
Poll Tax~s assessed aga~st them aD~/oe having been
exerted f~om pa~ent of Poll T~ez acco~-~ to law;
there be~ one ~d~ nine~-fo~ (~ proper~
o~e~ who are r~gi~te~ed etecto~s oF~im~ n~e~
erie bused ~ty~twe (182) a~e q~a!~ie~ elect~$,
~v~g paid Poll T~es assesmed ~gainst ~hem
~g been exempted from paint of Poll T~es
cord~g to
~rom ~{ay Ist. t9~2 u~ti! 0ctobee ~lst~ 19~
of only~Two ~ ~ty-seven Dollars and Ten Cents
($BST.10) ~z been paid the Tol~ of Boston for ~lc-
i~l t~es by the si~ees of said petiti~ who
t~able proper~ ~ith~ said To~ whereas the total
s~ of Eleven ~ousar~ Nine H~ed Eight-five Dollars
~d Fifty-nine Cents ($t1~8~e~9) ~s been paid the
T~zn of Boston for ~icipal t~es~ all of t~
t~ptye~s of z~d To~.
~ive persons ~o si~ said petition had thei~
service discont~ued~or n~-pa~ent of water bills,
~ld were ~doubtedly ~
moved ~o zi~ the said petition
on account of pers~ p~ejud_ce and not ~ the ~t-
e~sts oF the general welfare of ~5.e t~payers oF the
I!.
14.
15.
16.
Seven ps.sons who si~ed said petition wepe a~ested
for violating Town Ordinances, were tried and found
guilty in the ~ayo~' s Cou~t of the To~wn of Boy.ton,
amd were undoubtedly moved to sig~ the said petition
on account of personal prejudice and not iu the int-
erests of the general welfare of the taxpayers of the
Town of Boynton.
Under date of December 3, 1929 Hon. ~nest Amos,
Co~otro!lsr, designated and appointed ~essrs.
Hart and H~t, ~blic ~cco~t~uts of West Pal~
Beach, Flo~i~, to audit the ~f~s of the To~
of B~ntqn, w~oh audit is n~ on file ~ t~
C~ot~o!!e~s Office at Tal!~ssee, Fiorida~ ~
cost ~_e t~ayers ~ s~ of ~ee ~ous~d Eight
H~ed For~-fo~ Dollars ~ N~e~-fi~ Cents
($3,844.95)- ~ ~ addition~to sa~ ~pense as a
re~t of said a~it, useless litigation ~s entered
into ~l~ooe~t the t~aye~s an additio~l s~
S~ Thous~d Fo~ H~ed Nine~ Do!l~$ a~ Twen~
two Cents ($6,490.22)
We believe t~hat ~ou~ F~cetlency has been raisinfo~m-
ed as to the sufficiency of said petition to comply
with the Statutes. ~
Tou~ Excellency ira_formed us that you would immediately
take this matter 'ap with Hono J. Eo Lee. Comptroller,
and Hon. B~yan Willis~ State Auditor, and have the
facts investigated, and pending such investigation
that Nr. Wilbu~ F. Divine v~ould be instructed to
discontinue work on ~aid audit until othe~',ise advise&o
The majority of the taxpayers of ~ne Tovm of Boynton are
ve~y~4~n opposed to ~uy more expense being
saddled upon them.
We a~e sending a copy of this conm~u~tcat~on to the
Hon. T~vn 9on. ssi? of the Town of~Boynton, in Palm
Beach County, Florida, reefaesting ~em not to app~ove
any bills for services rende_?~d by ~,~. ~Wilb~ F.
Divine in connection with this audit; ~Lv. Divine may
look to the ~ *' '~
petition.s fo~ his compensation and not
to the t~xpaye~s of the Tovm of Boy~ton.
Again tD~mking you, we
Respectfully yours
(S_gned)
~. J. Daty.
The following bills were presonted for approval:-
Southern Bell Telephono Co
Fl~. Powe~ & Light Co
Nutting~s FillingStation
V. G. Weaver
W. F. Finch
Wi!b~ F. Divins
~ndy~s Garage
8.50
19'96
1V~21
75,00
500,OO
18o61
$851.56
Upon motion made by Commissioner Bowen, seconded by
Co.~r~ss_oner Msnzel and duly carried, the above and foregoing
bills were approved fo~ payment v.~hen funds become av~i!abis,
with the exceptmon of the bill of the Flo~ida Power & ~ ~
L~t Co,
wa~er t~mzping service which bill the Commission ~ss_~es to
discuss with officials of the Florida Powe~ & Light Co. in an
endoavo~ to obtaSm a lr~;,e~, ~'ate fo~ wato:~ t~'amPing service )~3
following bill rendered by Wilb~ F. Divine:-
WILBUR F. DIVINE
Certified Public Acco~mutant
604 ~usmmu~y Bu~g
West Palm Beach, Florida,
Dece~e~ 28, 1933
To'~ of Bo2mton
~o~nton, Florida
0ctooe_ 26th to November 25th;
Services for one month for, p~eparing
se_al Audit ............. '~ ' 250 O0
Novsmbsr 26th to Decsmbsr 25th;
Services fo~ one month fo~ p~epa~ang
Spscial .~r~dit ........................ :~ ~ 250j00
Total ~ount ..................................
(P~epa~ed in acco~c~ with
Received Pa~ent
The Clerk stated
post the fcll~ing:~
that on Janus~y 3r~i, 1934 he would
NOTICE TO TAXPAYERS
AND
AIG~. OTI~E2~ INTERESTED IN PEOPERT~ r.0CATED WITHIN THE
~ OF B0~hw~_0N, PALM BEACH C0-Cq~, FLORIDA.
To~ a~e hereby notlfi~d t~at the Board of Tow~ Com~ssione
of the To~n of Boston, palm B~ach Cowry, Florida, will
sit as a Boa~ of E~alization to ~ complz~uts on ~he 19~
T~x Assess~nt on ~sday eve~, Feb~a~ 6t~ ~ 1934~ at ~:~0
o~clock P.M., ~ the To~ Hall of ~e To'~ of Boynton~ Florida
~ v~ll ~jo?~Bn fr~ dzy to ~y ~ necess~ fo~ a peri~ not
exc~d~g t~ee consecutive ~ys. All pn~e~ ~ners interes
~d ~e h~eby o~de~d to appea~ ~t ~he abov~ ~ntioned t~e ~
place to m~e con, laSt or in case of faille to appea~ said
ass~ss~nts will be oons~e~ f~al.
Dated at Boynton, Flo~idao
January 3~d~ 1934o
J. P. Bowsn,
Town Clerk of' th~ Boynto
The matte~ of the Budget fo~ t~ next fiscal
p.~iod was discussed.
Uoon ~otion ~ade oy Cc~sszOne~ Bowen~ seconded by Con~ssione~
~enzel and duly c~mi~, the fo~low~g ~SOL~ION was passed
8~ adoptsd:,
~, ~ne T~wn of Boynton~ ~ it's ~th ' ~
a~. o~ze~ ~.~to~
N~ T. l~i!le~, ~mcmpates t~ ~st~mon of fo~ctosu~e
p~oceed~gs agar. st properties Ln the T~ of Bo~ton fo~ unpaid
t~s, T~ Sale Ce~t~icat.$ ~d/o~ S~cia! Assessme~ Liens~ ~ud~
~S, It is dee~d advisable to ~ust~uct ~e Te~ T~
Col!ecto~ to not accept payment of t~es o~ Speciml Assessments
on suchp~o~t~es. ~ which ~e being foreclesed upon, ~less all
t~es ~ud Special Assess~nts a~e paid ~ fu~, includ~ the
T~es for ~e current yea~ together with Attorney's less anddcost
NOV~~, Ti~ORE BE IT ~SOL~, by ~e B~ of T~
Co~ssione~s of ~e To~ of Bo~ton, Flo~mda~ that the T~ T~
Collector be a~ he here~ is Autho_mzed, O~de~d a~ ~st~cted
to NOT accept ~ pa~ents so_ T~es ~/or Special Assessments
on such properties t~t a~e ~be~g fo~c!osed upon, ~ess zll
~paid t~es, T~ Sale Ce~t~icates a~/or Special Assessments
a~$ settled in full, ~clud~g the T~xes fo~ ~he current ye~
~ogethe~ with Attorney~ s fees ~d Costs.... ~
The~e berg no ~G~the~ business the ~et~ug adjoined.